Home Secretary Alan Johnson has warned the BBC to cancel its Question Time invitation to the 'foul and despicable' British National Party.

In a call that puts him directly at odds with Cabinet minister Jack Straw, Mr Johnson said that the corporation should reconsider giving BNP leader Nick Griffin a platform next week.

Mr Johnson challenged Question Time host David Dimbleby to drop the invite, saying the BNP was an 'illegally constituted' party because it barred black and Asian members.

The Home Secretary's warning, made as he appeared on the programme himself last night, came as the BNP said it will amend its constitution so its rules on membership do not discriminate on the grounds of race or religion.

The Equality and Human Rights Commission issued County Court proceedings against the far-right party on August 24 after voicing concerns its membership criteria were restrictive to those within certain ethnic groups.

Robin Allen QC, counsel for the Commission, said party leader Nick Griffin had agreed to present party members with a revised constitution at its general meeting next month.

He added that the party had agreed not to accept any new members until the new constitution was in place.

In an order issued at the Central London County Court, the BNP agreed to use 'all reasonable endeavours' to revise its constitution so it did not discriminate on what are termed 'protected characteristics' in clause four of the Equality Bill. These include race, gender and religious belief.

John Wadham, of the Equality and Human Rights Commission, said: 'We are pleased the party has conceded this case and agreed to all of the Commission requirements.

'Political parties, like any other organisation, are obliged to respect the law and not discriminate against people.

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'It is unfortunate the BNP spent several months before conceding and dealing properly with our legal requirements. We will be monitoring the BNP's compliance with this court order on membership, and its other legal obligations, including to its constituents.'

Mr Wadham added: 'All political parties must obey the law, our job is to ensure that everyone obeys the law.

'Whether people want to join the BNP or not is a matter for them, it's their freedom to do so.'

He said if the party's membership rejected a reformed constitution the commission would return to court.

But Shami Chakrabarti, director of Liberty, said: 'A shiny new constitution does not a democratic party make.

'It would be a pyrrhic victory, to say the least, if anyone thought that giving the BNP a facelift would make the slightest difference to a body with so much racism and hatred pumping through its veins.'

Chris Roberts, the party's eastern regional spokesman, said it was too early to say how the proposed rule change would affect its membership.

He said: 'I cannot speculate as to who will join our party when our constitution changes.

'I just believe its another obstacle thrown into our way by the Lib-Lab-Con elite that now we are taking votes from them they are trying to put us out of business.'

Richard Barnbrook, the party's representative on the London Assembly, said he believed BNP members would vote in favour of a reformed constitution.

He said: 'I believe the vote will go for yes.

'The first reason being that trying to fight this court case would bankrupt the party and we have more important issues to deal with, including elections.'

Speaking in June, Mr Griffin said the party's rules were 'entirely legal', adding: 'We are not discriminating on the grounds of colour.'

He claimed the party was an exempted organisation under the Race Relations Act.

The Act says bodies cannot discriminate on grounds of colour, but Section 26 allows some to if they ' provide benefits to members'. This lets minority groups such as the National Black Police Association operate.

The constitution of the BNP, led by Nick Griffin, says membership is strictly confined to those who define themselves as 'indigenous Caucasian', as well as 'ethnic groups emanating from that race'.

Caucasian is usually taken to mean white-skinned people of European descent.

The party's aim is to represent the 'collective national, environment, political, racial, folkish, social, cultural, religious and economic interests of the indigenous Anglo-Saxon, Celtic and Norse folk communities of Britain'.

It also backs 'those we regard as closely related and ethnically assimilated or assimilable aboriginal (indigenous) members of the European race also resident in Britain'.

The court today heard Mr Griffin would be given ten days to submit a signed undertaking confirming the proposed changes.

The case was adjourned until January 28.

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BNP to change 'whites only' membership rules so as not to fall foul of discrimination laws